Tribunals and Commissions(2004) 03 NCDRC CK 0140

Chairman, Railway Board vs P.S.R.K. TIMAJI ROA

National Consumer Disputes Redressal Commission · Decided on 17 March 2004 · Citation: 2004 2 CPC 573 : 2004 3 CLT 211 : 2004 3 CPR 1 : 2004 4 CPJ 55

HON’BLE JUDGES
K.S.Gupta , B.K.Taimni J.
RESULT
Revision dismissed

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Judgment

4 paragraphs · 635 words
1.

-PETITIONER was the opposite party before the District Forum, where the respondents had filed a complaint alleging deficiency in service. Brief facts of the case are that the respondent Nos. 1, 2 and 3 had made reservations and were to travel from Palasa to Secundrabad by an express train. Bogies in which they had the reservations bearing coach No. S-9 was not located and it was raining very heavily, they had to undergo large amount of difficulty in getting into the train. Hence joining Kakinada Consumer Association through its Secretary as one of the complainants, a complaint was filed before the District Forum making the following prayer: "The petitioners, therefore, pray that the Hon''ble Forum may be pleased to direct the Railways to provide number plates to the sleeper coaches of all express trains, grant compensation and costs of the petition and such other reliefs as deems fit and proper."

2.

THE District Forum after hearing the parties allowed the complaint and directed the petitioner before us to provide number plates to the sleeper coaches on all express trains within 30 days from the date of the order. An appeal filed against this order by the petitioner was dismissed in limine by the State Commission. Hence this Revision Petition before us. We heard the parties and find that several grounds have been taken by the petitioner before us but in our view none are sustainable. It is the contention of the petitioner that they paste labels which are affixed on each compartment and there is always a reservation chart displayed on the stations, the cost of carrying out the directions of the District Forum will be very high as also it does not give sufficient time to carry out the orders passed by the District Forum and since the bogy number keep on changing on every major halt, stations where the train is created/united/reformed the coach number does not remain the same. Hence the petitioner will find very difficult to carry out the orders of the District Forum. To say the least we see none of these grounds will stand scrutiny. Railway is a public sector monopoly and engaged in primary public service of transporting all kind of people be it rich or poor, literate or illiterate. It cannot be the case of the Railways that they will paste the bogy number on a piece of paper affixed to a compartment or write the coach number with chalk. Needless to say that they are susceptible to vagaries of nature not to say human being''s as well. For the convenience of the people as directed by the State Commission the painted number plates could be put up on the slots or grooves provided outside each of the complainants, they will immensely facilitate quality service provided to the commuting public. It should become of the Railways to own its responsibility to change the coach number as and when train is created/ united or reformed. It is not disputed that this ''change'' take place at major halting stations or junction stations where, to further the cause of the ''public'' petitioner in our view should undertake the responsibility to change the coach number in a non-tampering and easily discernible manner in a sequential order so as to facilitate the common man to go up to the right coach without much ado.

Thus, Revision Petition devoid of merits.

3.

WE find no ground to interfere in the well reasoned order passed by the State Commission. However, we appreciate that it will not be possible for the Railways to carry out the order within 30 days and it is increased to 3 months of the receipt copy of order within which they should comply with this order. It is also directed that this order be given wide publicity. Revision dismissed.